43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

LexBlog IP

AUGUST 18, 2021

It is inevitable in almost every business. Review the contract. Review the contract/offer letter. text: ‘Advertisements’, }, creative: {. text: ‘Privacy’, }. }. }); }); “Five Rs” To Remember When Letting Employees Go. You will need to let an employee go. Reconcile and pay.

Advertising 86

Advertising Advertising Art Law 86

IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 84

Litigation Contracts Advertising Advertising 84

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

LexBlog IP

OCTOBER 1, 2021

For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. Contract lawyers know that to be enforceable a promise must be supported by consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Technology & Marketing Law Blog

JULY 26, 2023

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. The horror!

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., PUP, by contrast, was too vague to be factual.)

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

LexBlog IP

JULY 8, 2022

The Freelance Isn’t Free Act (the “Act”) if signed, would amend the New York Labor Law to establish rights for covered freelance workers such as the rights to receive a written contract, receive timely and full payment, and freedom from retaliation. 866)734-2568 and David [at] adler-law.com. Independent Contractors.

Designs 52

Designs Design Law Contracts 52

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. Gutman in her role as an employee of JLM.

Social Media 97

Social Media Ownership Branding Brands 97

IP and Legal Filings

AUGUST 19, 2022

A lot of electronic databases’ creators are willing to accept the risk and obligation of gathering a lot of raw data and then having to use it, despite the fact that the need for databases like phone directories is expanding in the business world as a whole. They are a powerful search engine that makes information easily accessible.

Copyright 52

Copyright Database Right Privacy Technology 52

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 93

Publishing Government Contracts Law 93

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 77

Contracts Blogging Advertising Advertising 77

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 135

Trademark False Advertising Advertising Advertising 135

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship. Plaintiff Life Spine, Inc.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. The VPN review business is flourishing as well. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words.

Privacy 137

Privacy IP Technology Reporting 137

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 97

Privacy Marketing Marketing Social Media 97

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

JANUARY 10, 2022

Well, as my contracts professor used to say, “Always read to the end of the statute.” ” And contrast that with a 2019 COPPA matter that alleged a company unlawfully collected persistent identifiers for the purpose of serving behavioral advertising.

Settlement 52

Settlement Blogging Privacy Law 52

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IP Law Blog

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. The Karnataka and Orissa High Courts too have dealt with similar matters.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal. We’re treating this list as the definition of how we know when two businesses are going to be confused.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

AUGUST 17, 2021

California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information. Blackbaud argued that it was not a “business” regulated by the Act. Short answer: it was adequately alleged to be one.

Privacy 59

Privacy Business Litigation Confidentiality 59

Technology & Marketing Law Blog

MAY 25, 2022

Social-media platforms, unlike law-school recruiting services, are in the business of disseminating curated collections of speech… S.B. McManus ruling, which rejected some mandatory disclosures about political advertising. “S.B. ” Hold up–stretching Zauderer this far is both unnecessary and pernicious.

Social Media 97

Social Media Law Blogging Publishing 97

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Intepat

FEBRUARY 7, 2023

Moving Towards The Metaverse Businesses inadvertently move towards spaces which have the potential for more money to be tapped. One such growing space that is considered a hotbed for businesses is the metaverse. With businesses moving more and more towards it, it is impossible for IP laws not to interact with the metaverse.

IP 52

IP Law Invention Licensing 52